| Lugar v. Edmondson Oil Co., Inc.
(No. 80-1730)
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| Syllabus
| Opinion
[ White ] | Dissent
[ Burger ] | Dissent
[ Powell ] |
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Lugar v. Edmondson Oil Co., Inc.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
CHIEF JUSTICE BURGER, dissenting.
Whether we are dealing with suits under § 1983 or suits brought pursuant to the Fourteenth Amendment, in my view, the inquiry is the same: is the claimed infringement of a federal right fairly attributable to the State. Rendell-Baker v. Kohn, ante at 838. Applying this standard, it cannot be said that the actions of the named respondents are fairly attributable to the State. [*] Respondents did no more than invoke a presumptively valid state prejudgment attachment procedure available to all. Relying on a dubious "but for" analysis, the Court erroneously concludes that the subsequent procedural steps taken by the State in attaching a putative debtor's property in some way transforms respondents' acts into actions of the State. This case is no different from the situation in which a private party commences a lawsuit and secures injunctive relief which, even if temporary, may cause significant injury to the defendant. Invoking a judicial process, of course, implicates the State and its officers, but does not transform essentially private conduct into actions of the State. Dennis v. Sparks, 449 U.S. 24 (1980). Similarly, one who practices a trade or profession, drives an automobile, or builds a house under a state license is not engaging in acts fairly attributable to the state. In both \Dennis\ and the instant case, petitioner's remedy lies in private suits for damages such as malicious prosecution. The Court's opinion expands the reach of the statute beyond anything intended by Congress. It may well be a consequence of too casually falling into a semantical trap because of the figurative use of the term "color of state law." [p944]
* The pleadings in this case amply demonstrate that the challenged conduct was directed solely at respondents' acts. The unlawful actions alleged were that respondents made "conclusory allegations," App. 5, respondents lacked a "factual basis" for attachment, id. at 10, and respondents lacked "good cause to believe facts which would support" attachment. Id. at 19. There is no allegation of collusion or conspiracy with state actors.